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1. Can I get an attorney for a civil matter?

Indigent Defense provides attorneys for those who cannot afford one in criminal matters only.

2. Can I choose an attorney?

No, attorneys are assigned to cases by a court on a rotation.

3. Do services provided by Indigent Defense cost anything?

If found guilty, there could be fines, court costs, or restitution the defendant would be responsible for.

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1. Does this Court handle Criminal cases?

Yes. The Court Coordinator and may be contacted at 940-627-5005.

2. Where can I find online records for misdemeanor criminal cases filed in Wise County?

At this time there are no online records, but Wise County is making plans to make this available in the future.

3. Are all records open to the public?

Not all information is public record. Information pertaining to the case, such as dispositions, hearing dates, etc, is public record on adult cases. 

Personal information such as social security numbers or phone numbers may be confidential. Cases dealing with juveniles are strictly confidential. The Respondent and his/her parent or guardian may have only limited access to the records. The respondent's attorney may have access to the complete file.

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1. Who can I call if I have a question about Family Law?

The law does not allow the Judge or any of his employees to give any legal advice. The Judge's office can help you with any setting questions, but not with any questions in regards to the facts of your case.

2. Which Judge hears Family Law Cases?

The District Court Judge and both County Court at Law Judges have concurrent jurisdiction to hear Family Law (including Juvenile) cases. Cases are set by the Coordinator of the Court in which the case is filed.

3. How do I get a trial setting?

To obtain a setting, you must contact the appropriate Court Coordinator:

• 271st District Court at 940-627-3200
• County Court at Law Number 1 at 940-627-5005
• County Court at Law Number 2 at 940-683-0268

4. Do you require mediation before hearing of a case?

Yes, see the Rules of Practice in the 271st Judicial District Court.

5. Do you automatically appoint a guardian ad litem?

No. You must request one.

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1. Can I get an attorney for a civil matter?

Indigent Defense provides attorneys for those who cannot afford one in criminal matters only. However, if a Motion for Enforcement (contempt) is filed against you, you might be eligible for a court-appointed attorney.

2. Can I choose an attorney?

No, attorneys are assigned to cases by a court on a rotation.

3. Do services provided by Indigent Defense cost anything?

If found guilty, there could be fines, court costs, or restitution, including reimbursement of attorney's fees, the defendant would be responsible for.

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1. Does this Court handle Criminal cases?

Seldom. County Court at Law Number 1 primarily handles Criminal Cases. The Court Coordinator for County Court at Law Number 1 may be contacted at 940-627-5005.

2. Where can I find online records for misdemeanor criminal cases filed in Wise County?

Visit Wise County All Courts/Sheriff's Department Records.

3. Are all records open to the public?

Not all information is public record. Information pertaining to the case, such as dispositions, hearing dates, etc, is public record on adult cases. 

Personal information such as social security numbers or phone numbers may be confidential. Cases dealing with juveniles are strictly confidential. The Respondent and his/her parent or guardian may have only limited access to the records. The respondent's attorney may have access to the complete file.

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1. Who can I call if I have a question about Family Law?

The law does not allow the Judge or any of his employees to give any legal advice. The Judge's office can help you with any setting questions, but not with any questions in regards to the facts of your case. If you have legal questions, you should consult with an attorney.

2. Which Judge hears Family Law cases?

The District Court Judge and both County Court at Law Judges have concurrent jurisdiction to hear Family Law (including Juvenile) cases. Cases are set by the Coordinator of the Court in which the case is filed.

3. How do I get a trial setting?

To obtain a setting, you must contact the appropriate Court Coordinator:

• 271st District Court at 940-627-3200
• County Court at Law Number 1 at 940-627-5005
• County Court at Law Number 2 at 940-683-0268

4. Do you require mediation before hearing of a case?

At times. View the Rules of Court.

5. Do you automatically appoint a guardian ad litem?

No. If one is mandated by law, or if the court believes one should be appointed, you must file a written request for one and submit a proposed order.

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1. Who can I call if I have a question about Probate or Guardianship Law?

The law does not allow the Judge or any of his employees to give any advice. The Judge's office can help you with any setting questions, but not with any questions in regard to the facts of your case. You should consult a private attorney for legal advice.

2. Which Judge hears Probate or Guardianship Cases?

Both County Court at Law Judges and the County Judge have jurisdiction to hear Probate and Guardianship cases. However, County Court at Law Number 2 will primarily hear all Probate and Guardianship cases. Hearings are set by the Coordinator of the Court in which the case is filed.

3. How do I get a court date or trial setting?

To obtain a setting, you must contact the appropriate Court Coordinator:

• County Court at Law Number 1 at 940-627-5005
• County Court at Law Number 2 at 940-683-0268
• County Judge's Office at 940-627-5743

4. Do I have to have an attorney represent me in a probate or guardianship proceeding?

Yes, in most situations. Please refer to the Pro Se Notice (PDF) on the Forms page.

5. What is a pro se?

A pro se is an individual who has not hired a lawyer and appears in court to represent himself and no other person or entity.

6. As an executor, how would I be representing the interests of others?

As executor of a decedent's estate, you don't represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible.

7. Can I still serve as an executor, administrator or guardian even though I am not a lawyer?

Yes. One need not be a lawyer to serve as an executor, administrator or guardian. However, the executor, administrator or guardian must be represented by counsel.

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1. Where can I find online records for misdemeanor criminal cases filed in Wise County?

The Wise County Court and Records database. This will provide you with information on our criminal cases such as hearing dates, dispositions, etc. All you need to know is the defendant's name or case number.

2. How can I obtain a criminal background search?

Our office only searches Criminal Misdemeanor cases filed in Wise County. Requests can be made in writing by mail or in person. A search fee of $10 will be charged guaranteeing the requestor that a clerk will search criminal records from a date that you provide to present. When requesting in criminal cases we require the arrest year if possible. If certified copies of any documents are needed, a fee of $1 per page and $5 certification fee will be charged.

3. What is the mailing address and the location of your office?

Our office is located at:
201 N Market Street
Decatur, TX 76234 

We are in the lower half of the County Clerk Records Building. Our Mailing address is:
County Clerk, Wise County, Court Department
P.O. Box 359
Decatur, TX 76234

4. Are all records open to the public?

Not all information is public record. Information pertaining to the case, such as dispositions, hearing dates, etc. is public record on adult cases. Personal information such as social security numbers or phone numbers may be confidential - the Civil Department of the District Attorney's office interprets laws pertaining to open records.

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1. How to probate a will?

We have to tell customers to consult with an attorney; we cannot give legal advice. We are not aware of all legalities and the laws governing probate. The Law Library is a source for information in filing the proper documents, but there are many variations. Please see the Probate Court's page for any local rules.

2. How to get a Letter of Testamentary?

The only way to get a Letter of Testamentary or any letter in an Administration/Estate is to have a court order authorizing the letters. We cannot issue any documents without a court order in a case filed in the Probate Court. Therefore, an Estate has to be probated in order to receive Letters of authority that a financial institution may require.

3. Is it necessary to probate a will?

This is a legal question that only an attorney can give the correct answer to.

4. Does the Clerk’s Office supply forms?

We do not supply forms or applications to file or supplement cases. We can only issue citations, writs, abstracts, and other court-ordered documents.

5. How do you file an Occupational Drivers License?

You file a Petition for an Occupational Drivers License that is usually prepared by an attorney. The Law Library has literature to help the pro se litigant find the proper forms to prepare the appropriate case. Petitions for Occupational License are filed with the Civil Clerk.

6. What is the cost to file a Civil Case?

Please see the Fee Sheet.

7. What is the cost to file a Probate Case?

Please see the Fee Sheet.

8. What is the jurisdictional limit of the Probate / Civil Courts?

• Civil - $500 to $100,000 (Effective September 1, 2011 the jurisdictional limit is $200,000)
• Probate: Unlimited

9. Can anyone make copies of a Mental Health file?

No one can see a Mental Health File, or make copies without an Order from the Judge.

10. How to search for a Person by name or older file?

If someone needs to find the name of a person in the Probate records, they can find the name in the computer if it is 1998 to present. If the case is older, the name must be searched in the index books located in the Records Department of the County Clerk's Office. This will give the person a reference (case) number. If a person requests the clerk to do the search, we must have a written request with a $10 fee.

11. Can your office recommend an attorney?

We cannot recommend any attorney, we recommend you call the local Bar Association for helpful information regarding attorneys in this area.

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1. What is Crime Stoppers?

Crime Stoppers involves your support and information as a citizen in the fight against crime. Cash rewards are offered to citizens who furnish information leading to the arrest and indictment of felony crime offenders or to the capture of felony fugitives. Your identity is strictly protected. Additional rewards are paid for court testimony, if you are willing to testify and the District Attorney feels your testimony is needed.

2. How does it work?

Most of the information received by Crime Stoppers is by telephone. You may call the Crime Stoppers 24 Hour Hotline at 940-627-8477 or 800-643-8477 if long distance.

Logs

When a call is received by Crime Stoppers it is logged with the date, time, and a brief summary of the caller's information. Callers are furnished with a secret code number which is used in subsequent transactions. Callers remain anonymous and still collect their rewards.

Reward

If a caller's information results in the arrest and indictment of an offender or the apprehension of a fugitive, the caller will be contacted and arrangements made so the person can receive his/her reward in cash and preserve his anonymity.

3. How are the rewards paid?

A board of prominent citizens oversees the Crime Stoppers program and approves the rewards to be paid, based on information presented by the Law Enforcement Coordinator. This board does not know who called in the information. The board is presented the facts and the code number is the only identifier used.

4. Does it work?

Yes! Crime Stoppers is working, and without spending any of your tax dollars! Crime Stoppers is a nonprofit organization and is funded entirely through donations from the public and through probation fees paid by criminal offenders. Contributions are tax deductible.

5. Who benefits?

The Community

All citizens benefit. There is a greater awareness of crime in the community and stronger contributions in solving crime, making Wise county a safer place to live.

The Police

Communications between law enforcement officials and the community working in cooperation with the Crime Stoppers program.

The Media

Better media relations and cooperation between the police and community.

Everyone benefits except the criminals.

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1. How do I file for divorce?

You can file a Petition for Divorce yourself and act as your own attorney. However, we do not provide any forms. We are not attorneys; therefore, any instructions we give could be considered practicing law without a license.

2. How much is the fee to file a pleading?

You may obtain the fee information on the forms page.

3. What can I do if I can not afford an attorney?

You may obtain information by going to Child Support Texas, Legal Aid of Northwest Texas or call 888-529-5277.

4. What form of payment is accepted?

Cash or money order.

5. How long does it take to get a divorce?

The time frames for completion of divorce vary by case. The shortest time frame is 61 days.

6. Where do I file Civil or Family pleadings?

All pleadings to be filed in the District Courts can be filed in the District Clerk's Office, located in the Wise County Courthouse at:
101 N Trinity Street
Suite 102
P.O. Box 308
Decatur, TX 76234

7. How can I have child support payments taken out of my paycheck?

This information may be obtained on the Forms page (Request for Issuance of Employers Order for Withhold (PDF)).

8. How do I get a trial setting?

You must contact the Court Coordinator for the 271st District Court at 940-627-3200 or County Court at Law Number 2 at 940-683-0268 to obtain a setting.

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1. Do I have to e-File?

Yes, with very limited exceptions. E-filing is mandated for almost all documents filed by attorneys. Exceptions are listed in the Supreme Court rules.

2. Do I have to use an Electronic Filing Service Provider (EFSP)?

Yes. For a list of approved EFSP's and the services they offer, please visit the e-File Texas website.

3. Do I need to sign up for eService?

You must sign up to receive eService on each case individually. E-Filing into a case or being the attorney of record does not mean you have signed up for eService.

4. What if I am filing a case with an Affidavit of Indigency? Or I have been court appointed to represent a litigant? How are the fees handled?

You will have a waiver option for those instances where you are not required to make a payment.

5. May I include more than one document for filing per submission?

Yes. Each document which needs a file-mark must be added as a separate lead document within a submission (envelope). Attachments are considered and treated as, exhibits to lead documents and are not file-marked. (Attachments are not listed separately in the case management system.)

6. My document has two cause numbers listed. Do I need to submit the document twice?

Yes. Once for each cause number listed on the document.

7. My motion needs the hearing date and time entered. How is that completed?

It will not be. When accepted, your document is entered directly into the Case Management System and may not be altered. Your Notice of Hearing will need to be a separate e-filed document.

8. How do I submit proposed orders?

You will need to select Proposed Order as your filing code. If in proper form, your Proposed Order will be accepted by the clerk, printed and forwarded to the assigned Judge. If the proposed order is signed by the Court, a copy will be emailed to you. Please do not e-file orders on a case with a hearing, you will need to present your order to the Judge at the hearing. This business process may possibly change so please check back for any updates. Or contact the clerk for any questions.

9. There is not a "filing code" which fits my document title exactly. What do I choose?

Search by the keyword of your document. Example: 

• Affidavit
• Certificate
• Petition
• Request Motion, etc.

The clerk will modify your selection to reflect the closest title match for entry into the case management system.

10. What if I am not sure if my document requires a filing fee?

Please call the clerk prior to your submission. A hold is placed on the total funds at the time of submission. Although the clerk may have the authority to add additional fees, the amount is not guaranteed therefore your submission will be rejected for Improper/Insufficient Fees.

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1. Is the new system based on a touch screen, like some ATMs?

The voter uses a rotary wheel to navigate through the ballot and select his or her vote. This interface was chosen because it is more accurate and durable than touch screen systems, and voters with limited or no vision also find the system very easy to use. It also costs less to store and maintain, thus lowering the cost of the system over the life of its use.

2. I have never been able to vote without someone helping me. Will someone be there to help me with this new system?

Yes. Someone will be there to help you, but the system is designed to help you vote without assistance. There is an audio ballot reader that can help if you have problems with your eyesight or difficulties reading the ballot for other reasons, and a special help button is available if you have a question.

3. How can we sure this system is working as it should be?

Before any vote is cast, there is a process of testing the machines to be sure they are working as expected. This process, known as logic and accuracy testing, allows election officials to be sure votes are counted as they are cast.

4. How do I know that the way the electronic voting system recorded my vote is the same way I intended to cast my vote?

After you have voted in the last contest on the ballot, a screen will appear listing all the choices you have made, and it will let you know if you missed voting in any race. Although you may change your selections at any time, you may also make corrections from the ballot summary screen to make sure your votes are counted the way you want them to be. When you are finished reviewing your ballot, press the cast ballot button to put your ballot into the electronic ballot box.

5. Does the system have a paper trail?

Yes. Following each election, election officials can print all cast vote records to paper should they chose to do so. At this time, however, the State of Texas does not require a voter verifiable paper trail that can be printed and viewed by the voter at the polling place. Should Texas lawmakers ever pass a law mandating such a requirement, Wise County, like all Texas jurisdictions, will comply. Our voting system will support this capacity should it be required.

Correctly Recorded Votes

Also know that election officials have always and will always ensure votes are recorded correctly, by testing the voting system programming and validating it before and after the election - in the presence of witnesses - to ensure that votes are counted and reported as they are cast, through a process known as logic and accuracy testing. There are many other security features - both in process and in equipment and software - built into the process.

6. What if a recount is necessary?

If necessary, the new system can provide election officials with a paper Cast Vote Record. This Cast Vote Record provides a means of recounting votes and ensuring that results are accurate. If preferred, officials can compare the vote totals in the three separate vote storage locations to ensure they match.

7. How do I know my votes are private and that there is not a database in the computer somewhere that records how I have voted?

There is no way for the system to tie your vote to you. When you vote, there is no identifying information recorded with your vote. You will be given a randomly generated four-digit access code tied that tells the eSlate which ballot races you should receive based on your precinct number. But the access code is not associated with your name. Therefore, it is impossible to trace your vote.

8. What if I change my mind or make a mistake after I have pressed the enter button?

A voter can change any vote at any time until the cast ballot button is pressed and you see the American flag waving on the screen. To change a vote, just use the wheel to highlight the candidate you want to vote for and then press the enter button. The earlier vote is erased, and the new vote is recorded.

9. What if I want to skip a contest?

Then you may do so. It is your decision and right to choose not to vote in any race. Just use the wheel to scroll past the race you want to skip. After you have voted in the last contest on the ballot, a ballot summary screen will appear listing all the choices you have made and will let you know if you missed voting in any race. You will see a list of the votes you have cast, and any skipped races will be noted with No Selection highlighted in red. You can either go back and vote in the skipped race, or press the cast ballot button to submit your ballot with no votes for the races in which you intend no vote.

10. What if I accidentally vote twice in a race? Will my vote be discarded?

The system will not let you vote twice unless the contest is a vote for two. It is programmed to prevent over voting, the term for when someone accidentally selects more than the permitted number of votes in a race. If you change your mind and select a different choice, the system automatically removes your former selection and marks your new one. If you want to erase your vote and make no other selection, just highlight your current selection and press enter to de-select that choice.

11. How do I know that my vote has been cast and counted?

Whenever a voter presses the cast ballot button and the waving American flag appears, the vote is cast and counted.

12. If the power fails or if there is some other computer failure will my vote be lost?

No. Your vote cannot be lost once you have pressed cast ballot and see the waving American flag. Your votes are stored in three separate places with non-volatile memory, and all data is protected and cannot be lost in the unlikely event that the system fails. The system also has a battery back-up that immediately engages if an electrical failure should occur. The batteries last for 18 hours of continuous use.

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1. Who issues Building Permits in Wise County?

Wise County does not require general building permits. If you are with an incorporated city or ETJ, contact the City Hall for information. Septic Permits are required, however; contact Public Works at 940-627-9332.

2. Who do I apply with for Tax exemptions, like homestead or agricultural?

All tax exemptions go through the Wise Appraisal District. They can be contacted at 940-627-3081.

3. I would like to know who owns the Mineral Rights to a piece of Property, how do I find out? I need to update my address or information, who do I contact?

All changes to your address or information should go through the Wise Appraisal District. They can be contacted at 940-627-3081. To determine who owns the rights, contact the County Clerk at 940-627-3351. You will need to perform a Title Search (they will be able to give you information on how to perform the search).

4. Who do I contact about Probate filings?

Probate cases are filed with the Court department of the County Clerk's Office. Email the County Clerk or call 940-627-3351.

5. I want to find tax Information on a Manufactured Home. Who do I contact?

Email the Tax Assessor's Office or call 940-627-3523.

6. What public online information is available?

Unfortunately, we do not have specific tax or filed information available online at this time. We expect to have civil and criminal case filings online by summer 2011.

7. Can I renew my vehicle registration online?

Yes, go to the Texas Department of Motor Vehicles Registration Site.

8. What are the Animal Laws in Wise County?

Contact Animal Services at 940-627-7577 for specific questions or visit the Animal Services page.

9. I am looking for County Deed Records. Are these online?

County Deed records are maintained at the County Clerk's Office. Email the County Clerk or call 940-627-3351. Unfortunately, they are not yet available online.

10. Who do I contact about county road repairs?

For County Roads, contact the Commissioner of the Precinct where you live (visit the Directory). The county does not maintain Private Roads.

11. Who do I contact with concerns about a drilling site?

Contact the Texas Railroad Commission.

12. Is it legal to shoot firearms on my property in the county?

As long as it is done safely, there are no firearm ordinances or restrictions in the county. City ordinances may vary.

13. Where do I get a Marriage License? Where do I get a copy of my Birth Certificate or a copy of a Death Certificate? Where do I file for a DBA Certificate?

Email the County Clerk's Office or call 940-627-3351.

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1. What are the fees charged by the Justice Court?

View the fee schedule (PDF). 

2. Can the Justice Court help?

The Code of Judicial Conduct prohibits a judge or court staff from practicing law (giving legal advice). The Code further prohibits the Justice of the Peace from engaging in communications concerning the merits of a pending judicial proceeding, or the merits of an impending claim or dispute. The Court and its staff are strictly prohibited from giving legal advice and can only assist on procedural questions.

Basic, Procedural & Informational

The following information is intended to be basic, procedural and informational, and is not offered as legal advice. The information is not exhaustive. There may be other remedies and procedures not listed. You should seek professional, licensed, legal counsel for advice.

Civil Cases I Can File

• Debt Claim Case: A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees if any. Debt claim cases in justice court are governed by Rules 500 to 507 and 508 of Part V of the Rules of Civil Procedure (PDF). To the extent of any conflict between Rule 508 and the rest of Part V, Rule 508 applies.
• Eviction Case: An eviction case is a lawsuit brought to recover possession of the real property under Chapter 24 of the Texas Property Code, often by a landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Eviction cases are governed by Rules 500 to 507 and 510 of Part V of the Rules of Civil Procedure (PDF). To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510 applies.
• Repair and Remedy Case: A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord’s duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. The relief sought can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Repair and remedy cases are governed by Rules 500 to 507 and 509 of Part V of the Rules of Civil Procedure (PDF). To the extent of any conflict between Rule 509 and the rest of Part V, Rule 509 applies.
• Small Claims Case: A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees if any. Small claims cases are governed by Rules 500 to 507 of Part V of the Rules of Civil Procedure (PDF).

3. Do I need a lawyer?

In most circumstances, legal representation is not required to appear in Justice or Small Claims Court. In many cases, legal representation is desirable to safeguard your rights and interests. In certain, more complex issues, legal representation is advisable.

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1. What are the fees charged by the Justice Court?

View the fee schedule (PDF). 

2. Can the Justice Court help?

The Code of Judicial Conduct prohibits a judge or court staff from practicing law (giving legal advice). The Code further prohibits the Justice of the Peace from engaging in communications concerning the merits of a pending judicial proceeding, or the merits of an impending claim or dispute. The Court and its staff are strictly prohibited from giving legal advice and can only assist on procedural questions.

Basic, Procedural & Informational

The following information is intended to be basic, procedural and informational, and is not offered as legal advice. The information is not exhaustive. There may be other remedies and procedures not listed. You should seek professional, licensed, legal counsel for advice.

Criminal Cases

Justice Courts have jurisdiction of:

• Class C misdemeanors (punishable by fines only up to $500)
• Criminal cases punishable by fine only, or a fine and a sanction not consisting of confinement or imprisonment that is rehabilitative or remedial in nature
• Traffic offenses

3. How are criminal cases filed?

Most frequently, cases are filed by law enforcement agencies, such as the:

• Department of Public Safety
• Parks and Wildlife
• Police Department
• Sheriff and others

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1. Do I have to drive to Decatur to the Justice of the Peace Office?

No, you may request an application from the Justice of the Peace (JP) office or you can download the application from the JP Number 1 website and then mail or fax the completed application to the court. We will verify at least 2 contact numbers. Once a payment agreement is established you will be mailed a copy of the agreement. The payment agreement may be signed at the JP Number 1 office when the payment is made or the signed agreement may be mailed along with your first payment to the Court. Failure to pay your fines and court costs will result in a warrant for your immediate arrest and/or a hold being placed on your driver's license.

2. Do I need to make a payment today? How much?

In most cases, you will have 10 days from the date of sentencing to pay your fine in full or request a payment plan. If you request a payment plan, a significant payment will be required the day of sentencing or within 72 hours. A $15.00 time payment reimbursement fee will be assessed on any balance remaining on the 31^st day after making your plea.

3. What happens if I do not contact the Court and execute my Court ordered payment plan?

A warrant will be issued for your immediate arrest and/or there will be a hold placed on your driver's license through the OMNI Data system. It is the defendant's responsibility to complete their financial responsibility and to advise the Court of any address changes.

4. What happens if I do not fill out my application in full?

You will be asked to complete the application and failure to do so will delay the process. If you do not know the answer to the question write I do not know or place a question mark where your answer should be. If a question does not apply to your circumstances write N/A (non-applicable). All the spaces must be filled in for the application to be complete.

5. Will the information I give on the application be verified and checked?

Yes, some of the information will be verified before you leave. Other items will be checked after your payment plan is signed and executed.

6. What happens if I do not tell the truth on the application?

Giving wrongful or false information on your application may result in your prosecution for the offense of aggravated perjury, a felony punishable by imprisonment not to exceed ten years and a fine not to exceed $10,000 or both fine and imprisonment.

7. During the 10 days after sentencing and before I must enter a payment plan, can I pay it off in full early? How?

Yes, you may go to the Justice of the Peace Number 1 office and pay with cash, money order, or cashier's check-in person or you may pay by mail. You may also pay online with a credit or debit card, however; you must contact the Court for information on your case before doing this, and there is a convenience fee added. No personal checks accepted.

8. What happens if I make a payment and forget to make the rest?

You will be notified by phone and given written notice when you become delinquent on your payments. If you do not comply with all the provisions of your Court ordered payment plan, at some point your case will be remanded to the OMNI Data system to place a hold on your driver's license and/or a warrant will be issued for your arrest.

9. How long do I have to pay out my fines, court costs and fees?

The majority of the payment plans are structured where 100% of your fines, court costs, and fees will be paid within thirty days of your court sentence.

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1. Can’t we just pay the fine and be done with it?

No. Acceptance of a fine by the court constitutes a plea of guilty by the defendant and would result in a conviction. Texas law requires juvenile offenders under age 17 to appear in person and with a parent or guardian before the judge and must be present in court to be convicted.

2. Can my child come to court alone so I don’t have to take off work?

Texas law requires that a Court use diligent effort to locate and compel the presence of a parent to produce the child and be present during the proceedings. Failure of a parent, guardian, or managing conservator to come to court when summoned, to produce the child in court as required, or to inform the court of the child's change of address are all Class C misdemeanor offenses with fines up to $500 that can be brought against a parent (CCP 45.0215).

3. How should my child plead?

A plea of guilty or nolo contendere (no contest) will result in the judge inquiring into the circumstances of the offense before rendering a suitable penalty, usually the same day you and your child appear to plead. A plea of not guilty will result in the case being set for a pretrial conference and trial at a later date.

4. Will my child have a record?

Traffic & Alcohol Cases

Traffic and alcohol cases are reported to the Department of Public Safety in Austin, identified with your child's driver's license number or social security number and birth date. Courts are also required to report juveniles who fail to appear for court or who fail to pay their fines, resulting in an administration suspension of the juvenile's driver's license.

Record

A record is kept, but is not used against a young offender to establish guilt or innocence. It is considered when recommending appropriate penalties after conviction. It is not used in criminal proceedings against that person when he or she becomes an adult.

Open Records

While not all juvenile records are open to the public, most Class C misdemeanors are public record. For example, if your son or daughter enters the military or seeks a security clearance, the possibility exists of an independent investigation revealing one or more Class C misdemeanor convictions on the public record. Determining whether or not that would be a problem depends on several factors. These factors may include the outlook of the prospective employer, the type of offense, the level of security clearance sought, whether or not the application was truthful, etc. It is possible to have certain types of juvenile criminal records sealed or expunged under special circumstances CCP 45.0216.

5. What does “expunction” mean?

Expunction is a procedure available to a juvenile convicted of a crime, where the offense is removed from the juvenile's record at the point the law no longer applies. For example, a juvenile convicted of a single alcohol-related offense, could apply to the court to have the conviction removed when the juvenile turns 21). The person must make a written request to have the records expunged. The request must be made under oath. There is a $30 fee.

6. Can my child have a court appointed attorney to represent him/her?

No. Courts do not appoint counsel for any Class C offender, regardless, of age, since there is no jail penalty associated with the offense. You are free to hire a lawyer if you choose to do so.

7. Can I speak for my child at trial?

No. A person who is not licensed to practice law cannot represent someone in court, even their own child. This is called the unauthorized practice of law.

8. How much will my child have to pay?

The amount of the fine varies according to the offense charged and the circumstances specific to your child's case. Ordinarily, the maximum fine for traffic offenses is $200, and the maximum fine for other Class C misdemeanors is $500 (unless there is a special fine range specified in the legislation creating the offense). The court has the option of permitting fines to be paid in installments or allowing the defendant to discharge a fine through community service work.

9. How does community service work?

Community service is credited against the fine at the rate of $10 an hour. An appropriate number of community service hours are assigned to be served at a governmental or non-profit agency. The supervising agency should keep track of the hours. Once the hours are completed it is the parent's and child's responsibility to return the proper documentation to the Court.

10. Where can I find an alcohol or tobacco class?

Court-ordered alcohol and tobacco classes must be certified by the State of Texas. Find an alcohol awareness course near you. Find a tobacco awareness course near you. 

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1. What is an occupational license?

An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses. View the Texas Transportation Code Section 521.242, 37 Texas Administrative Code 15.7 for more information.

2. Is the court order the occupational license?

No, this is the order granting the occupational license. The court order and all other required items must be submitted by you to the Texas Department of Public Safety (DPS) so an occupational license can be issued. The Wise County Justice of the Peace office does not forward any documents to DPS.

Contact Information

Contact DPS at 512-424-2600 or at their website.

While Processing

The court order may be used as a license for 45 days from the date of the judge's signature while DPS processes the occupational license.

3. Can I get my $54.00 filing fee refunded if the License is not granted?

No.

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1. I plead not guilty, now what?

The court will notify you of your pre-trial date. On the day of pre-trial, you will come in to discuss your circumstances with the Assistant County Attorney. The docket call for all defendants will be on a first come, first served basis. You may request an excuse letter from the court for work or school. If after meeting with the Assistant County Attorney you choose to continue to trial, you will request a trial by judge or jury and we will notify you of your trial date.

On Trial Day

On trial day, you should arrive with all materials and witnesses necessary to prove your case in court. The number of trials on the docket and the amount of time a jury deliberates is just a couple of the factors in determining how long you will be at the courthouse. The docket can run as late as 5 p.m. You should plan your day accordingly. We will have excuse letters for work and school available upon request. 

Guilty Verdict

In the event that you are found guilty, be prepared to pay your fine and court cost (if found guilty by a jury, your fine amount may be more or less than the original fine). We accept cash and money orders.

2. How should I dress for court?

Out of respect for the court, please dress as if you were attending a job interview.

3. How can I pay a fine? Does the court accept personal checks?

The Court does not take personal checks or credit cards for payment of fines, but accepts cashier's checks or money orders only. Cash should not be mailed.

You can pay with a credit card or debit card over the phone at 800-272-9829 code 6627 or online at Official Payments. You will need to enter jurisdiction code 6627 over the phone and on the internet. Please call the court prior to using this method, as you will need the citation number(s) and the exact amount of your fine(s).

4. There is a hold on my Driver’s License. When will it be released?

You will need to pay your outstanding ticket(s) in order to lift the hold. After paying with a money order or cash, please allow the state 3 working days to take you out of their system. If you pay over the internet or over the phone with credit/debit card, please allow up to two weeks for the hold to be lifted.

5. What precinct am I in? Which office do I contact?

To determine your precinct number, or the precinct of the person you are trying to file suit against, please contact Wise County Elections Department at 940-626-4453.

Citation

If you've received a citation from the Sheriff's Office, look at the bottom for the appropriate office to contact. If you received a citation from the Department of Public Safety, look inside the box in the center of your citation for the appropriate office to contact. 

Notice of a Lawsuit

If you received notice of a lawsuit, the petition tells you which office to contact.

6. What happens if I miss an appearance date?

Appear as soon as possible otherwise a warrant will be issued for your arrest on added charges.

7. Is a phone call equal to an appearance? Can I make arrangements by phone?

No. You must either come to the Justice of the Peace office in person or enter your plea and pay your fine by mail. A plea sheet is available in the main menu options.

8. How do I know where to file suit?

Generally, defendant must be served in precinct in which they live. There are special rules allowing exceptions in the Texas Civil Practices and Remedies Code, Texas Property Code, and the Texas Rule of Court.

9. What must I bring to court?

Bring all documentation or witnesses you believe are necessary to prove your case. It is the responsibility of the plaintiff to prove the case was filed. Court is not responsible for copying your documents. Please provide a copy for the court and the other parties in the suit at the time of trial.

Show All Answers

1. What is an occupational license?

An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses. View the Texas Transportation Code Section 521.242, 37 Texas Administrative Code 15.7.

2. Is the court order the occupational license?

No, this is the order granting the occupational license. The court order and all other required items must be submitted to the Texas Department of Public Safety (DPS) so an occupational license can be issued. The court order may be used as a license for 30 days from the date of the judge's signature while DPS processes the occupational license.

3. Can I get my $54 filing fee refunded if the License is not granted?

No.

Show All Answers

1. What is an occupational license?

An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses. View the Texas Transportation Code Section 521.242, 37 Texas Administrative Code 15.7.

2. Is the court order the occupational license?

No, this is the order granting the occupational license. The court order and all other required items must be submitted by you to the Texas Department of Public Safety (DPS) so an occupational license can be issued. The Wise County Justice of the Peace office does not forward any documents to DPS.

Contact Information

Contact DPS at 512-424-2600 or at their website.

While Processing

The court order may be used as a license for 30 days from the date of the judge's signature while DPS processes the occupational license.

3. Can I get my $54 filing fee refunded if the License is not granted?

No.

Show All Answers

1. What types of identification are needed?

In order to obtain a marriage license, both parties must be present proof of identity and age. Examples include:

• Military I.D.
• Passport
• State-issued driver’s license
• State-issued I.D.
• Visa

A certified copy of a birth certificate may be used along with one other form of I.D. Please note that the I.D. presented will be the name used on the Marriage License.

2. What is the age requirement to get married?

Effective September 1, 2017, pursuant to SB Number 1705 Texas Family Code Section 23 was amended. A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purpose.

3. Is there a waiting period before the license can be used?

There is a 72 hour waiting period before the license can be used after it is issued. The 72 hour waiting period can be waived if you:

• Are active military duty
• Have attended and received a certificate from the State of Texas marriage education course Twogether in Texas
• Obtain a waiver from the district or county judge

4. How long is the Marriage License good for?

The Marriage License if good for 90 days after issuance.

5. How much does it cost to obtain a marriage license?

The fee for a Formal Marriage License in Wise County is $88 and the cost for an Informal Marriage License (Common Law) is $53. Marriage licenses are cash only. 

State Marital Education Course

If you have completed the state marital education course Twogether in Texas then $60 will be deducted from the fee of a formal marriage license. You must bring the certificate from the education course with you when you obtain the license to have the $60 deducted.